Air Disasters Point Out Shortcomings in Chinese Legislation

July 02, 2002 | BY

clpstaff &clp articles

How China handles compensation claims resulting from air accidents has come under new scrutiny in the wake of two recent air disasters. What are the problems with China's legislation that governs these claims?

 By George WangHao Tian Law Office,Beijing

Recent air disasters at Pusan Airport in South Korea on April 5 and over the sea near Dalian, China on May 7 have raised questions about how compensation claims are handled in China. Though China is a signatory to relevant international conventions and has enacted domestic laws and regulations governing compensation for passengers killed or injured in air accidents, defects in the country's legislation have been revealed. Especially, a lack of practical implementation rules has adversely affected the application of the relevant laws. How to apply the articles of the international conventions and domestic laws to the air calamities that have occurred in different jurisdictions, and how to determine the damages are serious challenges faced by China's judges when claims for compensation are brought to trial.

Conventions and Air Carriage Law

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